Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2013 and 2014 Atlantic Bluefish Specifications, 26523-26526 [2013-10805]
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Rules and Regulations
Cultivator Shoal Whiting Fishery
Exemption Area; (a)(9), Small-mesh
Area 1/Small-mesh Area 2; (a)(10), the
Nantucket Shoals Dogfish Fishery
Exemption Area; (a)(11), the GOM
Scallop Dredge Exemption Area; (a)(12),
the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area; (a)(13),
the GOM/GB Monkfish Gillnet
Exemption Area; (a)(14), the GOM/GB
Dogfish Gillnet Exemption Area; (a)(15),
the Raised Footrope Trawl Exempted
Whiting Fishery; (a)(16), the GOM Grate
Raised Footrope Trawl Exempted
Whiting Fishery; (a)(18), the Great South
Channel Scallop Dredge Exemption
Area; (a)(19), the Eastern and Western
Cape Cod Spiny Dogfish Exemption
Areas; (b)(3), exemptions (small mesh);
(b)(5), the SNE Monkfish and Skate
Trawl Exemption Area; (b)(6), the SNE
Monkfish and Skate Gillnet Exemption
Area; (b)(8), the SNE Mussel and Sea
Urchin Dredge Exemption Area; (b)(9),
the SNE Little Tunny Gillnet Exemption
Area; (b)(11), the SNE Scallop Dredge
Exemption Area; or (b)(12), the SNE
Skate Bait Trawl Exemption Area. Each
violation of any provision in § 648.80
constitutes a separate violation.
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■ 3. In § 648.80, paragraph (a)(3)(vi) is
revised, and paragraph (a)(19) is added
to read as follows:
used by a vessel in this area must be
authorized under one of these
exemptions. Any gear on a vessel that is
not authorized under one of these
exemptions must be stowed as specified
in § 648.23(b).
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(19) Cape Cod Spiny Dogfish
Exemption Areas. Vessels issued a NE
multispecies limited access permit that
have declared out of the DAS program
as specified in § 648.10, or that have
used up their DAS allocations, may fish
in the Eastern or Western Cape Cod
Spiny Dogfish Exemption Area as
defined under paragraph (a)(19)(i)
through (a)(19)(ii) of this section, when
not under a NE multispecies or scallop
DAS, provided the vessel complies with
the requirements for the Eastern or
Western area, specified in paragraph
(a)(19)(i) and (a)(19)(ii) of this section,
respectively.
(i) Eastern area definition. The
Eastern Cape Cod Spiny Dogfish
Exemption Area is defined by the
straight lines connecting the following
points in the order stated (copies of a
chart depicting the area are available
from the Regional Administrator upon
request): Eastern Cape Cod Spiny
Dogfish Exemption Area [June 1 through
December 31, unless otherwise specified
in paragraph (a)(19)(i)(A) of this section]
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
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(a) * * *
(3) * * *
(vi) Other restrictions and
exemptions. A vessel is prohibited from
fishing in the GOM or GB Exemption
Area as defined in paragraph (a)(17) of
this section, except if fishing with
exempted gear (as defined under this
part) or under the exemptions specified
in paragraphs (a)(5) through (7), (a)(9)
through (a)(16) and (a)(18) through
(a)(19), (d), (e), (h), and (i) of this
section; or if fishing under a NE
multispecies DAS; or if fishing on a
sector trip; or if fishing under the Small
Vessel or Handgear A permit specified
in § 648.82(b)(5) and (6), respectively; or
if fishing under a Handgear B permit
specified in § 648.88(a); or if fishing
under the scallop state waters
exemptions specified in § 648.54 and
paragraph (a)(11) of this section; or if
fishing under a scallop DAS in
accordance with paragraph (h) of this
section; or if fishing pursuant to a NE
multispecies open access Charter/Party
or Handgear permit specified in
§ 648.88; or if fishing as a charter/party
or private recreational vessel in
compliance with § 648.89. Any gear
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Point
CCD
CCD
CCD
CCD
CCD
CCD
CCD
CCD
CCD
CCD
CCD
CCD
N. latitude
1 ...................
2 ...................
3 ...................
4 ...................
5 ...................
6 ...................
7 ...................
8 ...................
9 ...................
10 .................
11 .................
1 ...................
42/00′
42/00′
41/40′
41/29.5′
41/29.5′
41/26′
41/20′
41/20′
(2)
(3)
(4)
42/00′
W. longitude
70/00′
69/47.5′
69/47.5′
69/35.5′
69/23′
69/20′
69/20′
(1)
70/00′
70/00′
70/00′
70/00′
1 The eastern coastline of Nantucket, MA at
41°20′ N. lat.
2 The northern coastline of Nantucket, MA at
70°00′ W. long.
3 The southern coastline of Cape Cod, MA
at 70°00′ W. long., then along the eastern
coastline of Cape Cod, MA to Point_11
4 The northern coastline of Cape Cod, MA,
at 70°00′ W. long.
(A) Requirements. (1) A vessel fishing
in the Eastern Cape Cod Spiny Dogfish
Exemption Area specified in this
paragraph (a)(19) may not fish for,
possess on board, or land any NE
regulated species in accordance with the
requirements of paragraph (a)(19) of this
section.
(2) Vessels may use gillnet gear, as
specified in § 648.80(a)(4)(iv), or
longline gear as specified in
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26523
§ 648.80(a)(4)(v), from June 1 through
December 31.
(3) Vessels may use handgear from
June 1 through August 31.
(B) [Reserved]
(ii) Western area definition. The
Western Cape Cod Spiny Dogfish
Exemption Area is bounded on the
north by 42°11.5′ N. lat., bounded on
the east by 70°00 W. long., and bounded
on the south and west by the coast of
Massachusetts (copies of a chart
depicting the area are available from the
Regional Administrator upon request).
(A) Requirements. (1) A vessel fishing
in the Western Cape Cod Spiny Dogfish
Exemption Area specified in this
paragraph (a)(19) may not fish for,
possess on board, or land any NE
regulated species in accordance with the
requirements of paragraph (a)(19) of this
section.
(2) Vessels may use longline gear as
specified in § 648.80(a)(4)(v), and
handgear from June 1 through August
31.
(B) [Reserved]
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[FR Doc. 2013–10803 Filed 5–6–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130104009–3416–02]
RIN 0648–XC432
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2013
and 2014 Atlantic Bluefish
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues final
specifications for the 2013 and 2014
Atlantic bluefish fishery, including
annual catch limits, total allowable
landings, commercial quotas and
recreational harvest limits, and a
recreational possession limit. This
action establishes the allowable 2013
and 2014 harvest levels and other
management measures to achieve the
target fishing mortality rate, consistent
with the Atlantic Bluefish Fishery
Management Plan and the
recommendations of the Mid-Atlantic
Fishery Management Council.
DATES: The final specifications for the
2013 and 2014 Atlantic bluefish fishery
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Rules and Regulations
are effective June 6, 2013, through
December 31, 2014.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
specifications, are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N.
State Street, Dover, DE 19901. The
specifications document is also
accessible via the Internet at: https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, (978) 281–9224.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with RULES
Background
The Atlantic bluefish fishery is
managed cooperatively by the MidAtlantic Fishery Management Council
(Council) and the Atlantic States Marine
Fisheries Commission (Commission).
The management unit for bluefish
specified in the Atlantic Bluefish
Fishery Management Plan (FMP) is U.S.
waters of the western Atlantic Ocean.
Regulations implementing the FMP
appear at 50 CFR part 648, subparts A
and J. The regulations requiring annual
specifications are found at § 648.162.
The FMP requires the Council to
recommend, on an annual basis, an
annual catch limit (ACL), annual catch
target (ACT), and total allowable
landings (TAL) that will control fishing
mortality (F). The Council may also
recommend a research set-aside (RSA)
quota, which is deducted from the
bluefish TALs (after any applicable
transfer) in an amount proportional to
the percentage of the overall TAL as
allocated to the commercial and
recreational sectors.
Pursuant to § 648.162, the annual
review process for bluefish requires that
the Council’s Bluefish Monitoring
Committee and Scientific and Statistical
Committee (SSC) review and make
recommendations based on the best
available data. Based on the
recommendations of the Monitoring
Committee and SSC, the Council makes
a recommendation to the NMFS
Northeast Regional Administrator.
Because this FMP is a joint plan, the
Commission also meets during the
annual specification process to adopt
complementary measures.
The Council’s recommendations must
include supporting documentation
concerning the environmental,
economic, and social impacts of the
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recommendations. NMFS is responsible
for reviewing these recommendations to
assure that they achieve the FMP
objectives, and may modify them if they
do not. NMFS then publishes proposed
specifications based on the
recommendations in the Federal
Register, and after considering public
comment, NMFS publishes final
specifications in the Federal Register. A
proposed rule for this action published
in the Federal Register on February 20,
2013 (78 FR 11809), and comments were
accepted through March 7, 2013.
Final 2013 RSA, Commercial Quota,
and RHL
Final 2013 Specifications
A description of the process used to
estimate bluefish stock status and
fishing mortality, as well as the process
for deriving the ACL and associated
quotas and harvest limits, is provided in
the proposed rule and in the bluefish
regulations at §§ 648.160 through
648.162. The stock is not overfished or
experiencing overfishing, and the catch
limits described below reflect the best
available scientific information on
bluefish. The final 2013 bluefish ABC,
ACL, and ACT are specified at 27.472
million lb (12,461 mt).
The ACT is initially allocated
between the recreational fishery (83
percent = 22.801 million lb, 10,342 mt)
and the commercial fishery (17 percent
= 4.670 million lb, 2,118 mt). After
deducting an estimate of recreational
discards (commercial discards are
considered negligible), the recreational
TAL would be 19.190 million lb (8,704
mt) and the commercial TAL would be
4.670 million lb (2,118 mt).
However, the FMP specifies that, if 17
percent of the ACT is less than 10.5
million lb, and the recreational fishery
is not projected to land its harvest limit
for the upcoming year, the commercial
fishery may be allocated up to 10.5
million lb as its quota, provided that the
combination of the projected
recreational landings and the
commercial quota does not exceed the
ACT. The recreational harvest limit
(RHL) would then be adjusted
downward so that the ACT would be
unchanged. Based on updated data, the
recreational fishery landed 11,184,173
lb (5,073 mt) of bluefish in 2012.
Assuming recreational landings in 2013
are consistent with those from 2012, the
Council’s proposed transfer of 4.686
million lb (2,126 mt) from the
recreational sector to the commercial
sector can be approved. This transfer
results in an adjusted commercial quota
of 9.357 million lb (4,244 mt), and an
adjusted RHL of 14.504 million lb (6,579
mt).
Final 2014 Specifications
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Two projects that will utilize bluefish
RSA were approved by NOAA’s Grants
Management Division. A total RSA
quota of 715,819 lb (325 mt) was
approved for use by these projects
during 2013. Proportional adjustments
of this amount to the commercial and
recreational allocations result in a final
commercial quota of 9.076 million lb
(4,117 mt) and a final RHL of 14.069
million lb (6,382 mt).
The final 2014 bluefish ABC, ACL,
and ACT are specified at 27.057 million
lb (12,273 mt). The ACT is initially
allocated between the recreational
fishery (83 percent = 22.458 million lb,
10,187 mt) and the commercial fishery
(17 percent = 4.600 million lb, 2,087
mt). After deducting an estimate of
recreational discards (commercial
discards are considered negligible), the
recreational TAL would be 18.846
million lb (8,548 mt) and the
commercial TAL would be 4.600
million lb (2,087 mt).
Assuming recreational landings in
2014 are consistent with those from
2012, the Council’s proposed transfer of
4.342 million lb (1,969 mt) from the
recreational sector to the commercial
sector can be approved. This transfer
results in an adjusted commercial quota
of 8.942 million lb (4,056 mt), and an
adjusted RHL of 14.504 million lb (6,579
mt).
Final 2014 RSA, Commercial Quota,
and RHL
The Council preliminarily approved
703,385 lb (319 mt) of RSA quota for
future research projects. Proportional
adjustments of this amount to the
commercial and recreational allocations
results in a final commercial quota of
8.674 million lb (3,934 mt) and a final
RHL of 14.069 million lb (6,382 mt).
Final Recreational Possession Limit
The current recreational possession
limit of up to 15 fish per person is
maintained to achieve the RHL for both
2013 and 2014.
Final State Commercial Allocations
The final state commercial quotas for
2013 and the preliminary 2014
commercial quotas are shown in Table
1, based on the percentages specified in
the FMP. If any state overages occur in
2013 that alter the 2014 quotas, NMFS
will publish a rule to implement the
revised 2014 quotas.
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Rules and Regulations
TABLE 1—FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 2013 AND 2014
[Including RSA deductions]
State
Percent share
2013 Commercial
quota
(lb)
2013 Commercial
quota
(kg)
2014 Commercial
quota
(lb)
2014 Commercial
quota
(kg)
ME ..........................................................
NH ..........................................................
MA ..........................................................
RI ...........................................................
CT ..........................................................
NY ..........................................................
NJ ...........................................................
DE ..........................................................
MD .........................................................
VA ..........................................................
NC ..........................................................
SC ..........................................................
GA ..........................................................
FL ...........................................................
0.6685
0.4145
6.7167
6.8081
1.2663
10.3851
14.8162
1.8782
3.0018
11.8795
32.0608
0.0352
0.0095
10.0597
60,673
37,620
609,606
617,902
114,929
942,548
1,344,713
170,465
272,443
1,078,179
2,909,829
3,195
862
913,014
27,521
17,064
276,513
280,275
52,131
427,533
609,952
77,322
123,578
489,054
1,319,876
1,449
391
414,136
57,985
35,953
582,603
590,531
109,838
900,796
1,285,146
162,914
260,374
1,030,419
2,780,933
3,053
824
872,570
26,302
16,308
264,264
267,860
49,822
408,595
582,933
73,897
118,104
467,390
1,261,410
1,385
374
395,792
Total ................................................
100.0001
9,075,976
4,116,795
8,673,941
3,934,435
emcdonald on DSK67QTVN1PROD with RULES
Comments and Responses
Classification
The public comment period for the
proposed rule ended on March 7, 2013.
Two comments were received from
individuals on the proposed rule. A
summary and response to the concerns
raised by the commenters are included
below.
Comment 1: One commenter generally
criticized NMFS and the data used to set
catch limits, but had no clear evidence
to support their claims.
Response: Atlantic bluefish are not
overfished, nor are they subject to
overfishing; therefore, there is no
scientific basis for making changes to
the quotas based on this comment.
NMFS used the best scientific
information available and is approving
specifications for the bluefish fishery
that are consistent with the FMP and
recommendations of the Council.
Comment 2: A charter/party boat
operator in the Atlantic bluefish fishery
in Massachusetts opposed the
recreational possession limit of 15 fish
due to increased fishing pressure and
recommended reducing the possession
limit.
Response: Atlantic bluefish are not
overfished; nor are they subject to
overfishing. There is no scientific basis
for reducing the recreational possession
limit. The RHL has not been exceeded
in recent years with a possession limit
of 15 fish, so it appears that a reduction
in the possession limit would
unnecessarily reduce recreational
landings. NMFS used the best scientific
information available and is approving
specifications for the bluefish fishery
that are consistent with the FMP and the
recommendations of the Council.
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Atlantic Bluefish FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law.
This final rule is exempt from review
under Executive Order 12866.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
The FRFA included in this final rule
was prepared pursuant to 5 U.S.C.
604(a), and incorporates the IRFA and a
summary of analyses completed to
support the action. A public copy of the
EA/RIR/IRFA is available from the
Council (see ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
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Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for this final rule are
contained in the preambles to the
proposed rule and this final rule and are
not repeated here.
Summary of Significant Issues Raised in
Public Comments
Two comments were submitted on the
proposed rule. However, none were
specific to the IRFA or to the economic
impacts of the proposed rule more
generally.
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Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
Small businesses operating in
commercial and recreational (i.e., party
and charter vessel operations) fisheries
have been defined by the Small
Business Administration as firms with
gross revenues of up to $4.0 and $6.5
million, respectively. The categories of
small entities likely to be affected by
this action include commercial and
charter/party vessel owners holding an
active Federal permit for Atlantic
bluefish, as well as owners of vessels
that fish for Atlantic bluefish in state
waters. All federally permitted vessels
fall into the definition of small
businesses; thus, there would be no
disproportionate impacts between large
and small entities as a result of the final
rule.
An active participant in the
commercial sector was defined as any
vessel that reported having landed 1 or
more lb (0.45 kg) in the Atlantic bluefish
fishery in 2011 (the last year for which
there are complete data). The active
participants in the commercial sector
were defined using two sets of data. The
Northeast seafood dealer reports were
used to identify 742 vessels that landed
bluefish in states from Maine through
North Carolina in 2011. However, the
Northeast dealer database does not
provide information about fishery
participation in South Carolina, Georgia,
or Florida. South Atlantic Trip Ticket
reports were used to identify 768 vessels
that landed bluefish in North Carolina,
and 791 vessels that landed bluefish on
Florida’s east coast. Some of these
vessels were also identified in the
Northeast dealer data; therefore, double
counting is possible. Bluefish landings
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Rules and Regulations
in South Carolina and Georgia were near
zero in 2011, representing a negligible
proportion of the total bluefish landings
along the Atlantic Coast. Therefore, this
analysis assumed that no vessel activity
for these two states took place in 2011.
In recent years, approximately 2,000
party/charter vessels may have been
active in the bluefish fishery and/or
have caught bluefish.
emcdonald on DSK67QTVN1PROD with RULES
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken To
Minimize Economic Impact on Small
Entities
Specification of commercial quota,
recreational harvest levels, and
possession limits is constrained by the
conservation objectives of the FMP,
under the authority of the MagnusonStevens Act. The 2013 commercial
quota contained in this final rule is 12
percent lower than the 2012 quota, but
significantly higher than actual 2012
bluefish landings. All affected states
will receive decreases in their
individual commercial quota allocation
in comparison to their respective 2012
individual state allocations. However,
the magnitude of the increase varies
depending on the state’s relative percent
share in the total commercial quota, as
specified in the FMP. The 2014
commercial quota contained in this final
rule is 4 percent lower than the 2013
quota.
The 2013 and 2014 RHL contained in
this final rule is approximately 19
percent lower than the RHL in 2012.
The 2013 and 2014 RHL is the same as
the total estimated recreational bluefish
harvest for 2013 and 2014, and therefore
it does not constrain recreational
bluefish harvest below a level that the
fishery is anticipated to achieve. The
possession limit for bluefish will remain
at 15 fish per person, so there should be
no impact on demand for party/charter
vessel fishing and, therefore, no impact
on revenues earned by party/charter
vessels. No negative economic impacts
on the recreational fishery are
anticipated.
The impacts on revenues associated
with the proposed RSA quota were
analyzed and are expected to be
minimal. Assuming that the full RSA
quota 715,819 lb (325 mt) for 2013 and
703,385 lb (319 mt) for 2014 is landed
and sold to support the proposed
research projects, then all of the
participants in the fishery would benefit
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from the improved fisheries data
yielded from each project.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal permits issued for the
Atlantic bluefish fishery.
In addition, copies of this final rule
and guide (i.e., permit holder letter) are
available upon request, and posted on
the Northeast Regional Office’s Web site
at www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–10805 Filed 5–6–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130114034–3422–02]
RIN 0648–BC93
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures for the 2013
Tribal and Non-Tribal Fisheries for
Pacific Whiting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule
for the 2013 Pacific whiting fishery
under the authority of the Pacific Coast
Groundfish Fishery Management Plan
(FMP), the Magnuson Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and the Pacific
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Whiting Act of 2006. This final rule
establishes the tribal allocation of
63,205 metric tons of Pacific whiting for
2013, and final allocations of Pacific
whiting to the non-tribal fishery for
2013.
DATES: Effective May 7, 2013.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Duffy (Northwest Region,
NMFS), phone: 206–526–4743, fax: 206–
526–6736 and email:
kevin.duffy@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register Web site at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS Northwest Region
Web site at https://www.nwr.noaa.gov/
fisheries/management/whiting/
pacific_whiting.html and at the Pacific
Fishery Management Council’s Web site
at https://www.pcouncil.org/.
Copies of the final environmental
impact statement (FEIS) for the 2013–
2014 Groundfish Specifications and
Management Measures are available
from Donald McIsaac, Executive
Director, Pacific Fishery Management
Council (Council), 7700 NE Ambassador
Place, Portland, OR 97220, phone: 503–
820–2280.
Background
This rule announces the Total
Allowable Catch (TAC) for whiting,
expressed in metric tons (mt). This is
the second year that the TAC for Pacific
whiting is being determined under the
terms of Agreement with Canada on
Pacific Hake/Whiting (the Agreement)
and the Pacific Whiting Act of 2006 (the
Whiting Act), 16 U.S.C. 7001–7010. The
Agreement and the Act establish
bilateral bodies to implement the terms
of the Agreement, each with various
responsibilities, including: The Joint
Management Committee (JMC), which is
the decision-making body; the Joint
Technical Committee (JTC), which
conducts the stock assessment; the
Scientific Review Group (SRG), which
reviews the stock assessment; and the
Advisory Panel (AP), which provides
stakeholder input to the JMC (The
Agreement, Art. II–IV; 16 U.S.C. 7001–
7005). The Agreement establishes a
default harvest policy (F–40 percent
with a 40/10 adjustment) and allocates
73.88 percent of the TAC to the United
States and 26.12 percent of the TAC to
Canada. The bilateral JMC is primarily
responsible for developing a TAC
recommendation to the Parties (United
States and Canada). The Secretary of
E:\FR\FM\07MYR1.SGM
07MYR1
]]>Agencies
[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Rules and Regulations]
[Pages 26523-26526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10805]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130104009-3416-02]
RIN 0648-XC432
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2013 and 2014 Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final specifications for the 2013 and 2014
Atlantic bluefish fishery, including annual catch limits, total
allowable landings, commercial quotas and recreational harvest limits,
and a recreational possession limit. This action establishes the
allowable 2013 and 2014 harvest levels and other management measures to
achieve the target fishing mortality rate, consistent with the Atlantic
Bluefish Fishery Management Plan and the recommendations of the Mid-
Atlantic Fishery Management Council.
DATES: The final specifications for the 2013 and 2014 Atlantic bluefish
fishery
[[Page 26524]]
are effective June 6, 2013, through December 31, 2014.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment and Initial Regulatory Flexibility Analysis
(EA/IRFA) and other supporting documents for the specifications, are
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 N. State Street,
Dover, DE 19901. The specifications document is also accessible via the
Internet at: https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management
Specialist, (978) 281-9224.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic bluefish fishery is managed cooperatively by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission). The management unit for
bluefish specified in the Atlantic Bluefish Fishery Management Plan
(FMP) is U.S. waters of the western Atlantic Ocean. Regulations
implementing the FMP appear at 50 CFR part 648, subparts A and J. The
regulations requiring annual specifications are found at Sec. 648.162.
The FMP requires the Council to recommend, on an annual basis, an
annual catch limit (ACL), annual catch target (ACT), and total
allowable landings (TAL) that will control fishing mortality (F). The
Council may also recommend a research set-aside (RSA) quota, which is
deducted from the bluefish TALs (after any applicable transfer) in an
amount proportional to the percentage of the overall TAL as allocated
to the commercial and recreational sectors.
Pursuant to Sec. 648.162, the annual review process for bluefish
requires that the Council's Bluefish Monitoring Committee and
Scientific and Statistical Committee (SSC) review and make
recommendations based on the best available data. Based on the
recommendations of the Monitoring Committee and SSC, the Council makes
a recommendation to the NMFS Northeast Regional Administrator. Because
this FMP is a joint plan, the Commission also meets during the annual
specification process to adopt complementary measures.
The Council's recommendations must include supporting documentation
concerning the environmental, economic, and social impacts of the
recommendations. NMFS is responsible for reviewing these
recommendations to assure that they achieve the FMP objectives, and may
modify them if they do not. NMFS then publishes proposed specifications
based on the recommendations in the Federal Register, and after
considering public comment, NMFS publishes final specifications in the
Federal Register. A proposed rule for this action published in the
Federal Register on February 20, 2013 (78 FR 11809), and comments were
accepted through March 7, 2013.
Final 2013 Specifications
A description of the process used to estimate bluefish stock status
and fishing mortality, as well as the process for deriving the ACL and
associated quotas and harvest limits, is provided in the proposed rule
and in the bluefish regulations at Sec. Sec. 648.160 through 648.162.
The stock is not overfished or experiencing overfishing, and the catch
limits described below reflect the best available scientific
information on bluefish. The final 2013 bluefish ABC, ACL, and ACT are
specified at 27.472 million lb (12,461 mt).
The ACT is initially allocated between the recreational fishery (83
percent = 22.801 million lb, 10,342 mt) and the commercial fishery (17
percent = 4.670 million lb, 2,118 mt). After deducting an estimate of
recreational discards (commercial discards are considered negligible),
the recreational TAL would be 19.190 million lb (8,704 mt) and the
commercial TAL would be 4.670 million lb (2,118 mt).
However, the FMP specifies that, if 17 percent of the ACT is less
than 10.5 million lb, and the recreational fishery is not projected to
land its harvest limit for the upcoming year, the commercial fishery
may be allocated up to 10.5 million lb as its quota, provided that the
combination of the projected recreational landings and the commercial
quota does not exceed the ACT. The recreational harvest limit (RHL)
would then be adjusted downward so that the ACT would be unchanged.
Based on updated data, the recreational fishery landed 11,184,173 lb
(5,073 mt) of bluefish in 2012. Assuming recreational landings in 2013
are consistent with those from 2012, the Council's proposed transfer of
4.686 million lb (2,126 mt) from the recreational sector to the
commercial sector can be approved. This transfer results in an adjusted
commercial quota of 9.357 million lb (4,244 mt), and an adjusted RHL of
14.504 million lb (6,579 mt).
Final 2013 RSA, Commercial Quota, and RHL
Two projects that will utilize bluefish RSA were approved by NOAA's
Grants Management Division. A total RSA quota of 715,819 lb (325 mt)
was approved for use by these projects during 2013. Proportional
adjustments of this amount to the commercial and recreational
allocations result in a final commercial quota of 9.076 million lb
(4,117 mt) and a final RHL of 14.069 million lb (6,382 mt).
Final 2014 Specifications
The final 2014 bluefish ABC, ACL, and ACT are specified at 27.057
million lb (12,273 mt). The ACT is initially allocated between the
recreational fishery (83 percent = 22.458 million lb, 10,187 mt) and
the commercial fishery (17 percent = 4.600 million lb, 2,087 mt). After
deducting an estimate of recreational discards (commercial discards are
considered negligible), the recreational TAL would be 18.846 million lb
(8,548 mt) and the commercial TAL would be 4.600 million lb (2,087 mt).
Assuming recreational landings in 2014 are consistent with those
from 2012, the Council's proposed transfer of 4.342 million lb (1,969
mt) from the recreational sector to the commercial sector can be
approved. This transfer results in an adjusted commercial quota of
8.942 million lb (4,056 mt), and an adjusted RHL of 14.504 million lb
(6,579 mt).
Final 2014 RSA, Commercial Quota, and RHL
The Council preliminarily approved 703,385 lb (319 mt) of RSA quota
for future research projects. Proportional adjustments of this amount
to the commercial and recreational allocations results in a final
commercial quota of 8.674 million lb (3,934 mt) and a final RHL of
14.069 million lb (6,382 mt).
Final Recreational Possession Limit
The current recreational possession limit of up to 15 fish per
person is maintained to achieve the RHL for both 2013 and 2014.
Final State Commercial Allocations
The final state commercial quotas for 2013 and the preliminary 2014
commercial quotas are shown in Table 1, based on the percentages
specified in the FMP. If any state overages occur in 2013 that alter
the 2014 quotas, NMFS will publish a rule to implement the revised 2014
quotas.
[[Page 26525]]
Table 1--Final Bluefish Commercial State-by-State Allocations for 2013 and 2014
[Including RSA deductions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 Commercial 2013 Commercial 2014 Commercial 2014 Commercial
State Percent share quota (lb) quota (kg) quota (lb) quota (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME....................................................... 0.6685 60,673 27,521 57,985 26,302
NH....................................................... 0.4145 37,620 17,064 35,953 16,308
MA....................................................... 6.7167 609,606 276,513 582,603 264,264
RI....................................................... 6.8081 617,902 280,275 590,531 267,860
CT....................................................... 1.2663 114,929 52,131 109,838 49,822
NY....................................................... 10.3851 942,548 427,533 900,796 408,595
NJ....................................................... 14.8162 1,344,713 609,952 1,285,146 582,933
DE....................................................... 1.8782 170,465 77,322 162,914 73,897
MD....................................................... 3.0018 272,443 123,578 260,374 118,104
VA....................................................... 11.8795 1,078,179 489,054 1,030,419 467,390
NC....................................................... 32.0608 2,909,829 1,319,876 2,780,933 1,261,410
SC....................................................... 0.0352 3,195 1,449 3,053 1,385
GA....................................................... 0.0095 862 391 824 374
FL....................................................... 10.0597 913,014 414,136 872,570 395,792
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Total................................................ 100.0001 9,075,976 4,116,795 8,673,941 3,934,435
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Comments and Responses
The public comment period for the proposed rule ended on March 7,
2013. Two comments were received from individuals on the proposed rule.
A summary and response to the concerns raised by the commenters are
included below.
Comment 1: One commenter generally criticized NMFS and the data
used to set catch limits, but had no clear evidence to support their
claims.
Response: Atlantic bluefish are not overfished, nor are they
subject to overfishing; therefore, there is no scientific basis for
making changes to the quotas based on this comment. NMFS used the best
scientific information available and is approving specifications for
the bluefish fishery that are consistent with the FMP and
recommendations of the Council.
Comment 2: A charter/party boat operator in the Atlantic bluefish
fishery in Massachusetts opposed the recreational possession limit of
15 fish due to increased fishing pressure and recommended reducing the
possession limit.
Response: Atlantic bluefish are not overfished; nor are they
subject to overfishing. There is no scientific basis for reducing the
recreational possession limit. The RHL has not been exceeded in recent
years with a possession limit of 15 fish, so it appears that a
reduction in the possession limit would unnecessarily reduce
recreational landings. NMFS used the best scientific information
available and is approving specifications for the bluefish fishery that
are consistent with the FMP and the recommendations of the Council.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Atlantic Bluefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
The FRFA included in this final rule was prepared pursuant to 5
U.S.C. 604(a), and incorporates the IRFA and a summary of analyses
completed to support the action. A public copy of the EA/RIR/IRFA is
available from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule are contained in
the preambles to the proposed rule and this final rule and are not
repeated here.
Summary of Significant Issues Raised in Public Comments
Two comments were submitted on the proposed rule. However, none
were specific to the IRFA or to the economic impacts of the proposed
rule more generally.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Small businesses operating in commercial and recreational (i.e.,
party and charter vessel operations) fisheries have been defined by the
Small Business Administration as firms with gross revenues of up to
$4.0 and $6.5 million, respectively. The categories of small entities
likely to be affected by this action include commercial and charter/
party vessel owners holding an active Federal permit for Atlantic
bluefish, as well as owners of vessels that fish for Atlantic bluefish
in state waters. All federally permitted vessels fall into the
definition of small businesses; thus, there would be no
disproportionate impacts between large and small entities as a result
of the final rule.
An active participant in the commercial sector was defined as any
vessel that reported having landed 1 or more lb (0.45 kg) in the
Atlantic bluefish fishery in 2011 (the last year for which there are
complete data). The active participants in the commercial sector were
defined using two sets of data. The Northeast seafood dealer reports
were used to identify 742 vessels that landed bluefish in states from
Maine through North Carolina in 2011. However, the Northeast dealer
database does not provide information about fishery participation in
South Carolina, Georgia, or Florida. South Atlantic Trip Ticket reports
were used to identify 768 vessels that landed bluefish in North
Carolina, and 791 vessels that landed bluefish on Florida's east coast.
Some of these vessels were also identified in the Northeast dealer
data; therefore, double counting is possible. Bluefish landings
[[Page 26526]]
in South Carolina and Georgia were near zero in 2011, representing a
negligible proportion of the total bluefish landings along the Atlantic
Coast. Therefore, this analysis assumed that no vessel activity for
these two states took place in 2011. In recent years, approximately
2,000 party/charter vessels may have been active in the bluefish
fishery and/or have caught bluefish.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken To Minimize Economic Impact on Small
Entities
Specification of commercial quota, recreational harvest levels, and
possession limits is constrained by the conservation objectives of the
FMP, under the authority of the Magnuson-Stevens Act. The 2013
commercial quota contained in this final rule is 12 percent lower than
the 2012 quota, but significantly higher than actual 2012 bluefish
landings. All affected states will receive decreases in their
individual commercial quota allocation in comparison to their
respective 2012 individual state allocations. However, the magnitude of
the increase varies depending on the state's relative percent share in
the total commercial quota, as specified in the FMP. The 2014
commercial quota contained in this final rule is 4 percent lower than
the 2013 quota.
The 2013 and 2014 RHL contained in this final rule is approximately
19 percent lower than the RHL in 2012. The 2013 and 2014 RHL is the
same as the total estimated recreational bluefish harvest for 2013 and
2014, and therefore it does not constrain recreational bluefish harvest
below a level that the fishery is anticipated to achieve. The
possession limit for bluefish will remain at 15 fish per person, so
there should be no impact on demand for party/charter vessel fishing
and, therefore, no impact on revenues earned by party/charter vessels.
No negative economic impacts on the recreational fishery are
anticipated.
The impacts on revenues associated with the proposed RSA quota were
analyzed and are expected to be minimal. Assuming that the full RSA
quota 715,819 lb (325 mt) for 2013 and 703,385 lb (319 mt) for 2014 is
landed and sold to support the proposed research projects, then all of
the participants in the fishery would benefit from the improved
fisheries data yielded from each project.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the Atlantic bluefish
fishery.
In addition, copies of this final rule and guide (i.e., permit
holder letter) are available upon request, and posted on the Northeast
Regional Office's Web site at www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-10805 Filed 5-6-13; 8:45 am]
BILLING CODE 3510-22-P
